Democrats escalate anti-Trump lawfare by targeting Congress in Planned Parenthood funding fight

Planned Parenthood and blue states challenge congressional legislation defunding abortion providers as unconstitutional bill of attainder in federal court.

A federal judge has paused the Trump administration from enforcing part of a massive tax and spending bill that would block Medicaid funding for Planned Parenthood health centers. (ANGELA WEISS/AFP via Getty Images)

"Congress has the power of the purse," Muller said. "Congress has a lot of discretion [over] how it wants to spend its money, and this is not an instance where the executive has been engaged in overreach or doubtful conduct. … This is ordinary legislation, and when it comes to ordinary legislation, there's more deference given to Congress, and certainly more in how it chooses to subsidize things, where it wants to give money or where it doesn't want to give money."

The judge's decision to temporarily block the funding cuts stemmed from a lawsuit brought by Planned Parenthood, a nonprofit with hundreds of facilities across the country that provide abortions and other reproductive health services.

Planned Parenthood's attorneys alleged in court papers that the provision was unconstitutional, arguing it would deprive the nonprofit of millions of dollars in Medicaid reimbursements, causing it to lose half of its patients and forcing it to shutter up to one-third of its facilities.

FEDERAL JUDGE PAUSES TRUMP ADMINISTRATION'S PLANNED PARENTHOOD DEFUNDING MEASURE

A protest sign is held in the air outside the Supreme Court during the 52nd annual March For Life in Washington, D.C. on Jan. 24, 2025. (BRYAN DOZIER/Middle East Images/AFP via Getty Images)

Daniel told Fox News Digital she anticipates the higher courts will rule in favor of the Trump administration but that the bill's one-year limit on the funding cuts works in Planned Parenthood's favor.

"At this point for Planned Parenthood, it's really about running out the clock," Daniel said. "The defund provision is for one year, so every single day that they can keep getting money. … That's existential to them."

If the Trump administration ultimately wins the court fight, it could attempt to claw back the Medicaid funds it lost while Talwani's injunction was in place. Daniel noted, however, that "it's incredibly difficult, it's time-consuming, it's costly, and Planned Parenthood is relying on all of that."

Among Planned Parenthood's allegations was a longshot claim that Congress's bill violates the Constitution's bill of attainder clause because it singles out and punishes Planned Parenthood without a trial.

Bills of attainder are pieces of legislation that serve to bypass the role of judges and punish people or entities. The Constitution prohibits bills of attainder because they infringe on the function of the courts.

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Muller told Fox News Digital he believed the bill of attainder argument was a "nonstarter."

"People have tried to argue that certain things that Congress does, singling out or targeting individuals, could rise to a bill of attainder," Muller said. "This has gotten some traction in lower courts. It has never really gotten traction in the courts of appeal because it is far afield from the original meaning of the Constitution on this topic."

Ashley Oliver is a reporter for Fox News Digital and FOX Business, covering the Justice Department and legal affairs. Email story tips to ashley.oliver@fox.com.

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